Watchdog warns against 'rush to judgment' on extending 28-day detention

The government's anti-terror law watchdog, Lord Carlile, warned ministers yesterday not to "rush to judgment" on any decision to attempt to extend the detention without charge of terror suspects beyond the current 28 days.

As the independent reviewer of Britain's counter terror laws, the Liberal Democrat peer said he had yet to see the evidence needed to "fully support" the claim made by the Metropolitan police commissioner, Sir Ian Blair, that it was "time to examine the case for longer".

His intervention underlined one of the central features of the Queen's speech, that despite the promise by Tony Blair to put counter-terrorism and security at the centre of his last legislative programme the Cabinet is still a long way from agreeing what new legislation is needed.

The point was underlined by the fact that the speech itself did not use the usual formula of promising a specific bill, but confined itself to the more vague wording that: "At the heart of my government's programme will be further action to ... address the threat of terrorism."

The Home Office said that new legislation was under consideration but it is now unlikely to emerge before the New Year and the longer it takes the less time Tony Blair will have to personally see it through parliament.

Ministers agree that at least one anti-terror bill is needed to consolidate the confusing patchwork of emergency anti-terror legislation that has been introduced every year since 9/11. The problem is that consolidating measure will by itself be one of the largest pieces of legislation parliament has been asked to approve for some time.

The cabinet is now discussing whether there should be further new measures as part of that massive bill or a separate second anti-terror bill that could severely test the patience of parliament.

The home secretary, John Reid, confirmed yesterday that he does not intend to take any final decision until key government reviews are completed.

They include:

· The cross-government review into the capacity, structures and resources of the security services to meet the terrorist threat. It will make recommendations on the future of both MI5 and MI6 and report before Christmas. The Home Office said yesterday that "if as part of the current review gaps are identified, the government will legislate to fill those gaps, taking into account lessons learned from the foiled airline plot operation last summer."

· The internal Home Office review into the admissibility of intercept - phone tap - evidence in court in terror trials. Ministers hope this long awaited study will resolve the impasse over the practical difficulties of using this type of surveillance evidence in court without disclosing to terrorists too much technical detail about its operation.

· Lord Carlile's own review into the legal definition of terrorism, which is aimed at modernising the concepts and scope of the law.

· The law lords' review of the ruling in the high court that the 18-hour curfew imposed on terror suspects on "control orders" was incompatible with human rights law.

The home secretary confirmed yesterday that, although he is pledged to ensure that "all necessary measures are in place to tackle all aspects of terrorism", the case to extend the 28 day detention has yet to be made to him.

"I have made plain that if it's put to me on the basis of factual or evidential material that there is a requirement to go beyond 28 days I would be prepared to take that back to Parliament," Mr Reid told the BBC.

"If such a case is made to me, I will reveal it and take it to parliament."